Central of Georgia Railway Company v. Tyson

Full title: CENTRAL OF GEORGIA RAILWAY COMPANY v. TYSON

Court: Court of Appeals of Georgia

Date published: Apr 19, 1952

70 S.E.2d 916 (Ga. Ct. App. 1952)

70 S.E.2d 916

Opinion

34026.

DECIDED APRIL 19, 1952. REHEARING DENIED MAY 9, 1952.

Action for damages; from Putnam Superior Court — Judge Carpenter. February 16, 1952.

Whitman Whitman, Erwin Sibley, A. R. Lawton, for plaintiff in error.

Smith, Field, Doremus Ringel, Alex Smith Jr., contra.

FELTON, J.

This case is a companion case to and is controlled by the ruling in Central of Georgia Railway Co. v. Tyson, ante. The plaintiff in the instant case is the wife of W. L. Tyson, the plaintiff in the above-mentioned case, and was a guest in the plaintiff's automobile at the time of the collision between the automobile and the defendant's locomotive. The defendant, in both cases, contended that the proximate cause of the collision was the negligence of the driver of the automobile, W. L. Tyson.

Judgment affirmed. Sutton, C.J., and Worrill, J., concur.

DECIDED APRIL 19, 1952 — REHEARING DENIED MAY 9, 1952.